Rajeev Ranjan @ Dr. Rajeev Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32208 of 2020 Arising Out of PS. Case No.-483 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== RAJEEV RANJAN @ DR. RAJEEV RANJAN S/o Nagina Paswan @ Nagina Ram Resident of Village-Majuranha, P.S.-Turkauliya (Raghunathpur O.P.), District-East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B/34 of the Indian Penal Code. Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner was husband of the deceased and the onus was upon him to explain the cause of death of the deceased.

A report was called for from the Court below. It has

Patna High Court CR. MISC. No.32208 of 2020(3) dt.18-01-2021 2/3 been reported that only two witnesses are left to be examined on behalf of the prosecution.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.7.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. Seven witnesses have already been examined in the present case. P.W.-2 to P.W.-6 have already been declared hostile. They have not supported the prosecution case. As far as informant (P.W.-7) is concerned, in his cross-examination, he has retracted from his earlier statement and has denied the allegations made in the F.I.R. in the examination-in-chief. As per his cross-examination, the deceased is said to have committed suicide. Hence, no offence under section 304(B) IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 15th Additional Sessions Judge, Motihari, East

Patna High Court CR. MISC. No.32208 of 2020(3) dt.18-01-2021 3/3 Champaran in connection with Turkauliya (Raghunathpur O.P.) P.S. Case No. 483 of 2018.

It is further directed that the petitioner shall cooperate during the trial. If the Court finds that the petitioner is not cooperating during the trial, the Court below will be at liberty to cancel the bail bonds of the petitioner.

(Sudhir Singh, J) Pankaj/- U T